Terms & Conditions
Here are Our Terms and Conditions;
In these terms and conditions:
“NQIT” or “We” or “Our” or “Us” refers to IWORX PTY. LTD ACN 140 813 216
Trading as NTH QLD IT.
“You” or “Your” or “Customer” refers to the customer.
Specifying anything in this Policy after the words “include”, “includes”, “including” or any similar expression does not limit what else is included whether before or after the relevant words.
1. Customer Acknowledgement
The person or persons placing an order warrants that they are the Customer or are authorized to represent and do represent the person or entity named as the Customer on that order and they represent the person or entity making payment for the order and they represent the person or entity receiving delivery of the products or services ordered (all of which persons or entities will be treated as the ‘Customer’ for the purposes of these terms and conditions). The person or persons placing the order further warrants that they are authorized by the Customer to place the order and to bind the Customer to these terms and conditions.
The Customer acknowledges that at the time of placing an order to purchase a product or service from NQIT the Customer was already aware of, or was made aware of, the existence of these terms and conditions and agreed to be bound by them.
These terms and conditions regulate the agreement created by the Customer placing an order with NQIT.
All products and services are supplied on the basis of these terms and conditions. Previous versions of NQIT’s terms and conditions do not apply. Modification of these terms and conditions are only permitted with written approval of the Management of NQIT which is addressed to the Customer by name.
NQIT will only proceed to order goods from its suppliers after receiving a purchase order or quote approval in written form acceptable to it (e.g. in writing, by email, fax, mail or other permanent form) which authorises NQIT to proceed with supplying and delivering the products or services ordered by the Customer in accordance with these terms and conditions.
2. Representations
All products and services supplied by NQIT are supplied to meet the specifications provided by the Customer in their order. Any information provided by NQIT in respect of any product is given to assist the Customer in selecting a product the Customer considers will meet their needs and is not intended to replace the Customer’s own investigation of the suitability of the product for the Customer’s intended purpose. NQIT is not qualified to provide, and does not purport to provide, any advice on the suitability of any of its products to meet the particular requirements of the Customer.
Descriptions of products are based on information supplied by the manufacturer or supplier and may contain technical inaccuracies or typographical errors. NQIT relies on the manufacturer or supplier to present the characteristics of the products it sells and does not undertake testing or verification procedures. While every effort is made to accurately pass on up-to-date manufacturer and supplier information, NQIT does not take responsibility for misrepresentations or errors in the product or pricing information given.
3. Warranty Information
All products sold by NQIT are covered by the manufacturers’ warranty that accompanies the product. Unless otherwise stated in the product documentation NQIT makes no additional or independent warranty. Save to the extent it is obliged to do so by law, NQIT does not warrant the performance, compatibility, integrity, merchantability or fitness for a particular purpose of any product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
4. Delivery of Products & Cancellation of Orders
We place great importance on the fast and reliable delivery of Customers orders. Despite this, delivery times given by Us are estimates only. NQIT will use its best endeavours to meet any nominated delivery time by dispatching ordered products in good time however delays which are beyond its control or could not reasonably be anticipated are not its responsibility and will not constitute grounds for the Customer to cancel an order or make any claim. NQIT may decide to dispatch orders by partial deliveries and invoice them separately. Delivery charges are identified as a separate item on invoices.
The products shall be at the Customer’s risk upon delivery to the Customer’s nominated delivery point. Unless the Customer reports a defect in the products delivered within two (2) days of delivery the products will be deemed to have been delivered to, and accepted by, the Customer in good order and condition.
The Customer agrees that delivery is to be treated as effected by NQIT (or its carrier) handing possession of the products to a person apparently over the age of 16 who is apparently employed in or in occupation of the nominated delivery address. In the event that the Customer specifies a form of delivery where no person will be able to acknowledge receipt of the delivery of the products then a certificate by NQIT’s carrier confirming delivery in the manner specified will be deemed to be effective delivery to the Customer. Where no person is present to receive a delivery of the products or where specified delivery instructions cannot be complied with NQIT may charge the Customer for the cost of re-delivery and any date for delivery is deemed to be extended by any reasonable time necessary to again arrange for delivery to the Customer.
5. Title of Goods – Failure to Pay
Any products delivered to the Customer are to be held by the Customer on trust for NQIT and the Customer is responsible for them as bailee until their full price has been paid. For so long as the Customer holds the products on trust for NQIT the Customer is required to immediately deliver up the products to NQIT on demand. Any failure of the Customer to deliver up the products as required will constitute a breach of trust and a conversion of NQIT’s products and will entitle NQIT to obtain an order for the immediate return of the products and/or, in default of return, an order for the full payment of any amount owing for them. Any actual conversion of the products by the Customer will create a trust in favour of NQIT in respect of the proceeds of that conversion. As trustee the Customer is liable to NQIT in respect of any loss or damage done to the products until they are returned (unless fully paid for). In the event that the products are returned, the Customer must pay, in addition to compensation for any damage and any legal costs, 25% of the full price to cover NQIT’s and its supplier’s administrative and warehouse costs together with any difference between the original price paid and their resale value. The Customer expressly authorises NQIT to enter into any property at which the products held on trust by the Customer are stored and to remove those products. The Customer must pay NQIT’s reasonable legal costs of pursuing any of its rights under this clause (which may, if appropriate, be on a full indemnity or solicitor/client basis).
6. Prices and Quotes
Quotes, when given, are valid for the time period stated thereon.
All orders placed with NQIT are subject to acceptance. Representations made concerning product features, their availability and pricing are subject to change at any time without notice. NQIT reserves the right to cancel any order due to inadvertent error or omission in pricing or other details provided in respect of products.
If NQIT is for any reason beyond its control unable to fill an order it has accepted it will attempt to procure an available product of a similar quality having the same or better performance characteristics and will not be liable for minor differences in models or features. NQIT reserves the right to cancel any order accepted by it should a suitable product become unavailable at any particular time.
In the event that NQIT cancels any order it will only be liable to the Customer to refund or credit all amounts paid to it by the Customer in respect of that product.
7. Acceptance of Orders
NQIT is not to be taken to have accepted an order placed by the Customer only because the Customer provided payment in conjunction with placing the order. NQIT reserves the right to decline to accept an order and to refund any payment provided without designating any cause. Acceptance or rejection of an order will be communicated to a Customer in such manner as NQIT may choose including by the filling of that order.
8. Payment
The price for all products ordered by the Customer must be paid for in accordance with any applicable terms of placing the order. Otherwise payment must be made immediately upon order or on delivery unless otherwise specified on NQIT’s invoice. NQIT may permit payment to be made at some other time or upon the happening of a specified event (if any) as stated on NQIT’s acceptance of an order or on the relevant invoice. Where a continuing “Credit Agreement” is operating between NQIT, payment may be made, where permitted, in accordance with the terms of that agreement. The Customer is not permitted to make or claim any reduction in the amount payable (whether in the nature of set-off, contra or otherwise).
Payment is required to be made in such manner as NQIT specifies from time to time including in any manner described on NQIT’s website, order forms, invoices or order acceptance documents.
9. Limitation of Liability
In case of any product defect NQIT will not, under any circumstances, be liable for special, incidental, or consequential damages to the Customer or any third-party including loss of profit or opportunity, even if it has been advised of, or should have foreseen the possibility of, the potential for such loss or damage. The maximum liability for all direct damages, if any, claimed in any action shall be limited to an amount not to exceed the purchase price of the product.
Subject to any applicable Commonwealth or State Legislation, NQIT’s liability for any such breach of any implied warranty term or condition shall be limited, at its sole discretion, to any of the following:
- Replacement of the products or any part thereof;
- Supply of equivalent products or any part thereof;
- Repair of the products or any part thereof;
- Payment of the cost of replacing the products or acquiring equivalent products or any part thereof;
- The payment of the cost of having the products or any part thereof repaired; or
- Refund of the price paid for the products upon return in accordance with and subject to these terms and conditions.
NQIT does not seek to exclude or limit the application of any provision of the Australian Consumer Law (i.e. Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any applicable State consumer law where to do so would contravene that statute or cause any part of this clause to be void.
NQIT makes no express warranties other than those described as made by it in clauses 3 and 11. NQIT otherwise excludes any other conditions, warranties and terms implied by statute, general law, international convention or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void.
10. All Sales Made in Queensland
All sales shall be deemed made in the state of Queensland, Australia regardless of the location of the Customer. The Customer agrees that any dispute with NQIT shall be brought by the Customer exclusively in the state or federal courts situated in the State of Queensland, Australia and will be determined by the application of the laws in force in Queensland, Australia.
11. General
NQIT warrants that it has good title to all the products it sells.
In the event any section or portion of a section of these terms and conditions are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the terms and conditions, and the remaining terms shall continue in full force and effect.
The Customer consents to NQIT retaining all information received from the Customer in accordance with its published privacy policies and any applicable privacy laws. Whilst NQIT will use its best endeavours to enforce strict compliance by its staff and contractors with those guidelines it is not possible to absolutely guard against potential misuse of information due to the possibility of unauthorised acts by individuals. You, the Customer, agree that NQIT will not be held responsible or be held liable for any loss or damage caused to the Customer as a result of the actions of any servant or agent of NQIT or any other third party failing to comply with those privacy policies or any applicable privacy laws.
You, the Customer, warrant that all information provided by You to NQIT, which is of a personal nature, is provided in compliance with all applicable privacy laws and You agree to indemnify NQIT against all expenses, losses, damages or costs (on a full indemnity basis) that NQIT may incur as a result, directly or indirectly, of a breach by the Customer of that warranty. Until the Customer notifies NQIT to the contrary, the Customer agrees to receive electronic communications from NQIT in the form of advertising material.